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Monday, March 10, 2014

Pyramiding: The Dos and Don’ts of Combining Conditions

Trying to figure out what symptoms/conditions should be rated for military disability can be very complicated. In addition to the qualifications for each condition, there are also many principles that change how the rules of the VASRD are applied in different circumstance.

One of these wonderful little principles
is called “Pyramiding”. Trying to figure out exactly how this principle
works in different circumstances can definitely make me feel like this guy.

Let’s start my explanation with a parable,
of sorts. You are building a pyramid, and you have a single big block of stone
that is the same size as all the other stones. It needs to be added to the
pyramid. Now, you wouldn’t cut the stone in half and then put half of it on top
of the other before adding it; it would no longer be the right size. Plus, each
half of the stone is not a distinct and separate thing. They both make up the
same big stone. You can even give them two different names, but they are still
the same big stone. Similarly, you wouldn’t separate the symptoms of a single
condition, give them two different names and then say that they are indeed
distinct and separate. They are still the exact same condition. (Wow, this
parable is a bit rocky, no pun intended, and I completely lost the valuable
take-home message. Let’s see if I can do better.)

The basic rule of pyramiding is that you
cannot rate a single symptom more than once. There are many different
conditions that can cause the same symptoms. If you have two different
conditions that cause the exact same symptoms, then only one of them can be
rated. In cases like this, you’d pick the condition that gives you the higher
rating. For example, if you have tendonitis in your elbow that limits how much
you can move it, and you have a muscle condition that affects the muscles that
move the elbow and also causes limited motion in the same elbow, then only one
can be rated since they both cause the limited motion in the elbow. You don’t
get two ratings—one for the muscle and one for the tendonitis—just one rating.
Pick the condition that gives the highest rating.

Now the symptoms have the be the EXACT same
for this rule to apply. If you have two back conditions, one causes pain down
the arms, and the other causes pain down the legs, they can be rated separately
since the symptoms are NOT the same. They affect two totally different areas of
the body even though they are both back conditions. Make sense? Hope so, cause
it’s about to get worse.

When there are many symptoms involved, and
not all are shared, it gets a lot more complicated. Since you can’t rate the
same symptom twice, you have to separate the shared ones. The easiest way to
explain this is with an example. In this example, don't worry about the technical language: you don't need to understand what everything means to get the point of pyramiding.

There are two conditions:

An arteriovenous fistula is a condition
where a new passageway is created between an artery and a vein. It causes the
heart to work harder to get blood flowing. For this example, let’s say that it
causes the following symptoms: swelling in the arms and right ventricular
hypertrophy in the heart.

Chronic bronchitis is a condition where the
bronchi in the lungs swell and restrict how much air the lungs can take in.
Let’s say it causes an FEV-1 lung test measurement of 63%, a DLCO (SB) lung test measurement of 71%, and right ventricular
hypertrophy.

Here’s the list of symptoms:

Fistula: right ventricular hypertrophy, arm
swelling

Bronchitis: right ventricular hypertrophy,
FEV-1 63%, DLCO (SB) 71%

Both conditions have some of their own
unique symptoms, but they also share the most severe symptom: right ventricular
hypertrophy. The hypertrophy can only be used for one of the conditions,
whichever would benefit the most from it, meaning it would get a much higher
rating.

So let’s look at the ratings for both
conditions with their symptoms.

For the arteriovenous fistula, the condition with the
hypertrophy would rate 60%. Without the hypertrophy, it would rate 20%.

A 100% rating is clearly much better than
60%, so in this case, the bronchitis would be rated 100% with the hypertrophy.
The other condition can still be rated, but not with the hypertrophy, so it
would be rated 20%.

Pyramiding can get very complicated, but
take it step by step. Start by listing symptoms, and then see how the different
conditions are rated. If they have their own symptoms, they can be rated
separately.

25 comments:

Sir, I have been diagnosed with degenerative arthritis of the lumbar spine with a 20 percent disability rating. A neurosurgeon assessed me as well and said I had neuropathy/radiculopathy in the left leg and input it in ALTA. Can this be "pyramided" off the lumbar ailment and add up to 30 percent?

Any nerve damage can be rated in addition to the arthritis, so, yes, that can be claimed separately. Make sure you have the nerve damage thoroughly examined and documented before submitting a new claim for it.

For the range of motion, he should have recorded all the directions, but it actually doesn't make a difference in your case. Unless the spine is completely frozen or you can't bend forward more than 30 degrees, 20% is the highest rating. Measuring your other ranges would not increase your rating, thus the reason he probably didn't measure it.

Dr. Johnson, I have been rated 20% for sciatica . It has since worsened to the point that I can hardly sit for periods longer than 6 to 10 minutes because of the pain it causes my left buttocks. can I fikle again because of the change in the condition? I have made 4 visits to the hospital this ,month alone

What you need to do is call your VA and make an appointment for a C&P Exam for reevaluation of your condition. Make sure they know that the condition has worsened and you want it reevaluated for rating purposes. After the exam, you can submit to have the rating increased if the results call for an increase.

I have long term effects of radiation therapy for a lymphoma I had while in service. I have CAD (with a stent in the LAD), hypertrophy, as well as stenosis in the aortic valve. I have an LVEF of 40% and am on Metoprolol, Plavix and Simvastatin indefinately. Will the CAD and valvular disease be rated seperately, pyrimided, or will they completely overlap?

It will all be rated as one since they are all rated on the Heart Rating System. Basically, you'll receive a single rating for your heart, but all of your symptoms/conditions/etc will be considered when rating. You'll be given the highest rating possible based on everything that's going on, but you will only be given one rating.

I served in the army in Korea at or near the DMZ from May of 1970 until June of 1971. The time period for Agent Orange claims. I have never filed a claim but have severe heart issues ; 5 stents and subsequently quintuplets bypass surgery. I am told that this is a presumptive condition due to possible herbicide contamination. Would this qualify me for disability status? Bill McMorrow. bill443@mac.com

Hi Dr., I'm so confused. I have four different diagnoses on my right foot. Hallux Valus, Hallux Rigorous, hammer toes (2-5), and degenerative arthritis. My current rating is 10%. Everything that I read says each of these diagnoses is awarded 10%. Shouldn't I receive 10% for each and or 30% combined for the toes? I have an appeal hearing on March 5, 2018 and I wondering if I am barking up the right tree. Please help. Alan. You can also email me at be5ofus@yahoo.com

The VA will only give a single rating per body part because of the Pyramiding Principle, thus they have given you only a single rating that covers all of your conditions in your toes. They'll pick the one that gives you the highest rating, and since all of the conditions rate you at 10%, that is what is awarded. If you qualify for a higher rating under one of these codes, then you can apply to have your rating changed to that code and increased.

Sir,I have several conditions neck and spine conditions as a result of flying fighter for the USAF. As I am submitting my package through the VSO, I am also looking at the “codes” and “groups” and trying to figure out what is going to pyramid and what can be rated separately. Under “spine” I have near full range of motion but pain throughout that is well documented. I also have scoliosis. Under neck and torso I have symptoms and treatments for nearly all rotations and muscles in the neck and torso under codes 5237,5323,5322,5320,5319,5337. But some of those codes are under the same “groups” of 19,20,22,23. Would the VA take the worst (highest rated) in each group, or will the take the highest rated for neck and then look at 10% for pain and 20% for scoliosis? Thanks for your help. If it is easier to chat via email I would really apperciate it. Thanks. Coltf15@gmail.com

Because of the Pyramiding Principle, the VA will only give a single rating for a particularly body part.

For the spine, you cannot receive a rating for scoliosis and another for pain or the muscles. The scoliosis rating covers everything. If the nerves are involved, then they can be rated separately, but not pain or muscles.

Ultimately, the VA will look at all of your conditions and choose the rating that they feel best covers all of your symptoms and that gives you the highest rating.

I was awarded CAD as service connected. I have had two heart attacks and I have had a triple by-pass, separate from the heart attacks. Would this be pyramiding or could I get something from all three conditions.

That's what I assumed, but wanted to confirm. The endometriosis code covers bleeding as a symptom. That is why they cannot rate polyps separately. They are causing symptoms that are already being covered. Rating them again would be pyramiding.

Rated 30 with left plantar tear or plantar fasciitis. Sub a new claim for bilateral pes planus. Will they combine under 5276 for feet. The feet are pronating and should be 50. Is pyrmading to rate they as Sep, since the feet pes planus affect the knees as well as back. They deferred. And are looking at the plantar fasciitis

The VA will give only a single rating for the overall condition of the feet to avoid pyramiding. They'll look at all of your symptoms in the foot and then pick the code that best rates all of your symptoms.

If a condition also affects the knees, etc., the knees can be rated separately since they are a different body part.